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2023 Supreme(Raj) 1217

NUPUR BHATI
Devyani Phosphate Private Limited – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pankaj Sharma
For the Respondent: Mr. Deepak Vyas for Mr. Jagdish Vyas, Mr. Chayan Bothra for Dr. Sachin Acharya, Sr. Adv.

JUDGMENT :

1. The matter has been listed in the category of ‘for orders’. With the consent of learned counsel for the parties, the matter is heard finally today, itself.

2. Application filed by learned counsel for the petitioner for taking on record the amended cause title is allowed and the same is taken on record.

3. The present writ petition has been filed under Article 226 of the Constitution of India with the following prayer:-

    “A. Allow the writ petition filed by the petitioner.

B. Declare the entire recovery proceeding initiated under Sec 13(2) vide notice dt 18/04/11 and consequently issued possession notices dt 16/05/13 & 31/05/13 and resultant notice for proclamation dt 10.11.13 and auction proceeding dt 13/12/13 illegal, arbitrary and of without jurisdiction.

C. Consequently quash and set aside the impugned demand notice dated 18/04/11, possession notices dt 16/05/13 & 31/05/13 and resultant notice for proclamation dt 10.11.13 and auction proceeding dt 13/12/13.

D. Restore the possession of auctioned property the industrial plot, machinery and plant of petitioner company.

E. Any other writ or direction that may be deemed fit, just and proper in the facts and circumstances of the

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